Ambarish Alias Bijali Mishra and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ambarish Alias Bijali Mishra and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the application and to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category (A)) — i.e., without taking the accused into physical custody or by granting interim bail till the bail application is decided.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1813 of 2022 (State Vs. Ashutosh and Others), arising out of Case Crime No. 77 of 2021, and the cognizance/summoning order dated 23.02.2022 should be quashed, given that the applicants were not arrested during investigation, the charge-sheet was submitted against them, and the offence is punishable up to seven years imprisonment.

Court's answer

After considering the facts and circumstances of the case, the court refused the applicants' prayer to quash the entire proceedings of Criminal Case No. 1813 of 2022 and the cognizance/summoning order dated 23.02.2022.

Ratio / Principle

The application was permitted to be withdrawn and stands disposed of with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

If a bail application is filed pursuant to the liberty granted, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 — category (A): where the charge-sheet has been submitted on appearance, the bail application may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Application U/S 528 BNSS No. 3443 of 2025, order dated 05.02.2025 — Prayer to quash the entire proceedings of Criminal Case No. 1813 of 2022 (State Vs. Ashutosh and Others), arising out of Case Crime No. 77 of 2021 under Sections 325, 323, 336, 352, 427, 452, 504 and 506 IPC, Police Station Khukhundu, District Deoria, together with the cognizance/summoning order dated 23.02.2022 pending before the Additional Civil Judge (Jr. Division), Deoria, was refused. The applicants thereupon withdrew the application with liberty to file a regular bail application before a court of competent jurisdiction; any such bail application is to be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, category (A): where the charge-sheet has been submitted on appearance, bail may be decided without taking the accused into physical custody or by granting interim bail till the bail application is decided.

Neutral Citation No. - 2025:AHC:16922

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 3443 of 2025

Applicant :- Ambarish Alias Bijali Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Manish Mani Tripathi, Advocate, holding brief of Sri Vishveshwar Mani Tripathi, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 1813 of 2022, (State Vs. Ashutosh and Others) arising out of Case Crime No. 77 of 2021, under Sections 325, 323, 336, 352, 427, 452, 504 and 506 of I.P.C., Police Station - Khukhundu, District- Deoria, as well as cognizance/ summoning order 23.02.2022, pending in the Court of Additional Civil Judge (Jr. Division), Deoria.

Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment.

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.

After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 , wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which

charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would except a better exercise of discretion on the part of the court in favour of the accused.

The application stands disposed of with the aforesaid liberty.

Order Date :- 5.2.2025 Akram

Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad